Judge upholds Emerson’s police promotion

A Bergen County Superior Court Judge has ruled in the borough's favor regarding a suit filed by a former Emerson police sergeant over a promotion.

Two and a half years ago, Police Sgt. Allen Solimando sued the borough after Donald Rossi, now Police Chief, was promoted to the rank of captain instead of him in April 2009.

Solimando, who retired from the force last year, accused the mayor and council at the time of "improperly" promoting Rossi "without any promotional standards or established criteria to measure merit and fitness" in place, according to the complaint filed in June 2009.

During trial proceedings in last October, Solimando argued that the process used to promote ranking officers was not based upon "objective criteria." Ultimately he sought a judgment to reverse and rescind Rossi's promotion, receive money for his attorney's fees and "any other relief the court may deem just and equitable."

According to Solimando, the five candidates who interviewed in April 2009 for the captain's position were asked the same five questions and the governing body "deliberated only a short period of time… not giving themselves the proper amount of time to evaluate each candidate and his answers."

During trial, former-Mayor Louis Lamatina, as well as former Councilmen Christopher Heyer, Anthony Loffredo, Steven Bair and John Lazar all took the stand and testified that they "discussed and weighed the merits of each candidate" before making a decision.

Solimando also alleged that Michael Saudino, the police chief at the time and now Bergen County Sheriff, made an "improper" recommendation to the governing body in favor of Rossi. That recommendation, Solimando believed, was due to the "personal friendship" between the two. Furthermore, Solimando contended that his "strained relationship" with Saudino harmed his chances of being promoted.

In an opinion rendered last month, Superior Court Judge Joseph Conte said that Solimando "failed to establish at trial that the promotional procedure administered by the governing body was arbitrary, capricious or unreasonable." The judge found that the governing body's decision was "properly evaluated… and made under the correct guidelines" of the borough code.

The complaint filed by Solimando initially contained six counts against the borough, according to Borough Attorney Scott Mooney. During summary judgment proceedings last summer, three of the six counts were eliminated by Conte, Mooney said. One of those counts regarded the council's decision to advance George Buono from the rank of sergeant to lieutenant in 2009, a promotion that Solimando was vying for. Two of the other counts, one of which Solimando alleged the borough failed to promote him because of "physical conditions, age and/or affiliations," were, according to Mooney, settled prior to trial.

Solimando's attorney, Michael Beatrice, said, "We believe that the judge was in error in deciding the case the way he did." Beatrice said on Tuesday afternoon that his client intends to file an appeal.